TROIANI/KIVITZ, L.L.P. Attorneys for Plaintiff

Bebe H. Kivitz, Esquire

I.D. No.: 30253

Dolores M. Troiani, Esquire

I.D. No.: 21283

38 North Waterloo Road

Devon, PA 19333

(610) 688-8400

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ANDREA CONSTAND, :

Plaintiff : CIVIL ACTION

:

v. : NO. 05-CV-1099

:

WILLIAM H. COSBY, JR., : 

Defendant :

PLAINTIFF’S REPORT FOLLOWING 

RULE 26 CONFERENCE OF THE PARTIES

Counsel for Plaintiff and Defendant met on March 23, 2005. 

The parties discussed for several hours, and verbally agreed to 

the dates set forth in the attached Preliminary Scheduling 

Order, though following such time, defense counsel has not 

agreed that these dates should be set forth in the form of an 

order, and, earlier today, withdrew agreement that all motions, 

other than motions in limine, must be filed by the close of 

discovery. Plaintiff therefore submits this report 

unilaterally, and requests that the enclosure be entered as en 

order, and that it supplement any other deadlines set forth in 

an order by the Court, following the Rule 16 conference.
Plaintiff will need discovery on at least the following 

topics: the sexual assault of January 2004 referenced in 

Plaintiff’s Complaint; all statements publicized by Defendant 

and/or his authorized representatives or agents concerning this 

incident, including the ones referenced in Plaintiff’s 

Complaint; the identity of Defendant’s authorized 

representatives or agents who made such statements; and, prior 

sexual assaults or drugging incidents perpetrated by Defendant, 

as well as any settlements entered into which originated from 

allegations of sexual assaults or drugging. In this regard, 

Plaintiff will also seek the admissibility of testimony of ten 

(10) or more other claimants pursuant to F.R.E. 415, among other 

applicable rules, and will seek a limited protective order 

pursuant to Rule 26(c) that the names of the other women not be 

disclosed to or published by the media. Defendant has requested 

that the entire proceedings be kept confidential pursuant to 

protective order; Plaintiff does not believe that this relief 

would be appropriate, and opposes such request.

There was not substantive discussion concerning settlement, 

nor was there any settlement demand or offer at counsels’ 

meeting, but Plaintiff’s counsel has offered to attend a 

settlement conference with the Court’s Magistrate.
Plaintiff has forwarded her Self-executing Disclosures to 

defense counsel as of this date.

Respectfully submitted,

TROIANI/KIVITZ, L.L.P.

 /s/ Bebe H. Kivitz

Bebe H. Kivitz, Esquire

Dolores M. Troiani, Esquire

Attorneys for Plaintiff
CERTIFICATE OF SERVICE

I, Bebe H. Kivitz, hereby certify that Plaintiff’s Report 

Following Rule 26 Conference of the Parties has been 

electronically filed on the date indicated below and is 

available for viewing and downloading from the ECF system. I 

hereby further certify that the foregoing pleading was sent via 

facsimile and U.S. mail, postage prepaid, on the following:

Patrick J. O’Connor, Esquire

Cozen O’Connor

1900 Market Street

Philadelphia, PA 19103

TROIANI/KIVITZ, L.L.P.

Date: April 6, 2005 /s/ Bebe H. Kivitz

Bebe H. Kivitz

Dolores M. Troiani

Attorney for Plaintiff